• by Paul Armentano, NORML Deputy Director February 27, 2018

    Gov LePage (R-Maine)

    State lawmakers are moving forward with a legislative proposal to significantly amend various provisions of the state’s 2016 voter-approved cannabis law: The Marijuana Legalization Act.

    Members of the Marijuana Legalization Implementation Committee have voted 16 to 1 in favor of overhauling the law, which has yet to be fully implemented. Lawmakers had initially voted last year to delay the enactment of provisions regulating the retail production and sale of cannabis. Then in November, Republican Gov. Paul LePage vetoed legislation that sought to license and regulate marijuana businesses and sales, stating: “Until I clearly understand how the federal government intends to treat states that seek to legalize marijuana, I cannot in good conscience support any scheme in state law to implement expansion of legal marijuana in Maine.” Lawmakers voted in favor of sustaining LePage’s veto.

    Now lawmakers are pushing a plan to amend and repeal numerous provisions of the law, including provisions that have already taken effect. Specifically, language in the new proposal would limit the quantity of mature marijuana plants that an adult may legally grow in a private residence from six to three. Legislators are advocating for this change despite the fact that no regulated, commercial market yet exists for cannabis — leaving adults reliant exclusively upon home cultivation operations. Further, no data has been presented indicating that the state’s existing plant quotas are either being abused or that home-cultivated marijuana is being diverted into the criminal market. NORML opposes this proposed amendment.

    “A majority of Maine voters decided in favor of legalizing and regulating the use of marijuana by adults,” NORML’s Political Director Justin Strekal said. “It is time for lawmakers to implement the will of the people, not undermine it.”

    Other language in the new proposal would repeal language permitting for the operation of state-licensed social use facilities, and would eliminate provisions redirecting portions of marijuana-related tax revenue to localities that explicitly permit such operations. Separate language in the bill seeks to impose a new 21.5 percent excise tax on wholesale marijuana transactions. The bill also makes it easier for communities that wish to ban adult use operations to do so.

    If you reside in Maine, you can use NORML’s ‘Take Action Center’ to contact your lawmakers here.

    A finalized version of the bill is anticipated to go before lawmakers in the House and Senate in late March. Rep. Teresa Pierce, D-Falmouth, the Implementation Committee’s House chairman, said that the so-called “compromises” in the plan are necessary because of the close nature of the 2016 vote and because the Governor has remained steadfastly opposed to the issue. Yet, even despite the proposed amendments, House Minority Leader Ken Fredette predicts that LePage will likely veto this committee bill too.

    In Massachusetts, where voters approved a similar 2016 initiative regulating the adult use and retail sale of cannabis, regulators this week also announced delays and changes to the voter-approved law. On Monday, following pressure from the Governor and other lawmakers, members of the Cannabis Control Commission voted for a limited rollout of retail marijuana sales in July — postponing licenses for home delivery services, marijuana lounges, and other distribution channels until early next year. Commercial marijuana production and sales were initially slated to begin on January 1, 2018, but lawmakers last year passed emergency legislation postponing the enactment of those regulatory provisions until this summer.

  • by Paul Armentano, NORML Deputy Director February 1, 2018

    Maine Yes on 1Emergency legislation enacted in January 2017 to delay the implementation of several provisions of Question 1: The Marijuana Legalization Act expired today. Proposed legislation in Maine’s House of Representatives to extend the moratorium until May 1, 2018 failed by a vote of 81 to 65.

    Republican Gov. Paul LePage, who opposed Question 1, had demanded lawmakers seek a nearly one-year additional extension to the existing moratorium. In November, Gov. LePage vetoed legislation that sought to implement provisions in the Act regulating the production and retail sales of cannabis to adults.

    Absent the passage of explicit legislation governing the licensed production and retail sale of marijuana, there still remains no legal way for businesses in Maine to legally grow or sell cannabis commercially. Provisions in Question 1 permitting the establishment of state-licensed social clubs for adult marijuana users also remain indefinitely on hold.

    By contrast, language in the Act prohibiting employers from taking punitive action against personnel for their off-the-job use of cannabis is anticipated to now go into effect. Specifically, the initiative states, “A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 years of age or older solely for that person’s consuming marijuana outside of the school’s, employer’s or landlord’s property.” While the language does not mandate employers to in any way accommodate employees’ marijuana use while on the job, nor does it permit employees to be at work while under the influence, it does limit the ability for an employer to discriminate against those who test positive on either a workplace or a pre-employment drug test. In preparation for this law change, the Maine Department of Labor has removed marijuana from the list of drugs for which an employer may test in its “model” applicant drug-testing policy, according to a January 30 report on the legal website Lexology.com.

    Separate provisions permitting adults to possess and grow limited quantities of cannabis took effect early last year after action taken by the legislature.

  • by Paul Armentano, NORML Deputy Director May 9, 2017

    thumbs_upNevada regulators have approved rules to allow for the expedited sales of cannabis to adults.

    Members of the Nevada Tax Commission voted 6 to 1 on Monday to license select medical dispensaries to engage in retail sales of non-medical cannabis. Dispensaries in good standing with the state will be able to apply for “early start” licenses on May 15. Those facilities who are approved by state regulators will be able to engage in adult use marijuana sales on July 1.

    A majority of voters decided last November in favor of The Regulation and Taxation of Marijuana Act, a voter-initiated measure regulating the commercial marijuana market. Provisions in the law eliminating criminal penalties regarding the personal possession of personal use quantities of cannabis took effect on January 1, 2017. Separate provisions in the measure regulating the commercial production and sales of cannabis were initially slated to take effect on January 1, 2018.

    Regulators decision to expedite marijuana sales is in sharp contrast to the actions of lawmakers in several other states, including Maine and Massachusetts — both of which have taken steps to delay adult use marijuana sales by several months.

  • by Paul Armentano, NORML Deputy Director January 30, 2017

    Maine Yes on 1Maine has become the eighth state to eliminate criminal penalties specific to the adult possession and personal use of cannabis.

    Language in Question 1: the Marijuana Legalization Act, specific to the private possession and cultivation of marijuana by adults took effect today. It permits adults who are not participating in the state’s existing medical cannabis program to possess up to 2.5 ounces of marijuana and/or the harvest of up to six mature plants.

    Public use of marijuana is a civil infraction punishable by a $100 fine.

    Maine voters narrowly passed Question 1 on Election Day.

    In response to Question 1, Maine lawmakers passed separate legislation, LD 88, permitting adults to possess up to five grams of marijuana concentrates. However, other provisions in the measure delay the implementation of retail marijuana sales until at least February 1, 2018. It also prohibits the possession of “edible retail marijuana products” until this date.

    Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington have previously adopted voter-initiated laws legalizing the private consumption and/or sale of cannabis by adults. The District of Columbia also permits adults to legally possess and grow personal use quantities of marijuana in private residences.

  • by Paul Armentano, NORML Deputy Director January 18, 2017

    take_actionLegislators in a number of states are pushing forward measures to delay the enactment of several voter-initiated marijuana laws.

    In Arkansas, House lawmakers are moving forward with legislation, House Bill 1026, to postpone the deadline for establishing the state’s new medical marijuana program by 60 days. Fifty-three percent of voters approved Issue 6 on Election Day, which called on lawmakers to regulate the production and dispensing of medical cannabis within 120 days.

    In Maine, leading House and Senate lawmakers have endorsed emergency legislation, LD 88, to delay retail marijuana sales by at least three months. Under the voter-initiated law, rules regulating the commercial marijuana market are supposed to be operational by January 1, 2018. (By contrast, separate provisions permitting adults to possess and grow specific quantities of cannabis take effect on January 30, 2017.)

    In North Dakota, Senate lawmakers unanimously passed emergency legislation, Senate Bill 2154, to postpone the deadline for the enactment of the North Dakota Compassionate Care Act. Sixty-four percent of voters backed the measure, which gave lawmakers a 90-day window to regulate the distribution of medical marijuana.

    Massachusetts’ lawmakers previously enacted legislation imposing a six-month delay on the licensed production and retail sales of marijuana. Legislators are also debating making additional changes to the law, including raising the proposed retail sales tax and limiting the number of plants an adult may grow at home.

    In Florida, health regulators are also calling for significant changes to Amendment 2, which passed with 71 percent of the vote.

    NORML Executive Director Erik Altieri strongly criticized the proposed changes and delays, calling them “an affront to the democratic process.” He added: “Voters have lived with the failings of marijuana prohibition for far too long already. Lawmakers have a responsibility to abide by the will of the voters and to do so in a timely manner.”

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